« EelmineJätka »
No causes standing from last Term.
Erchequer of Pleas.
CAUSES IN PAPER FOR TRINITY TERM, 1849. The Order for liberty to issue a renewal of an
Demurrer. habere, under the 8 & 9 Vic. c. 111, shall be an M'Manus v. Delany, Mitchell v. Mooney, absolute one in the first instance, but shall contain Foley v. Warburton,
Lobdell v. Lake, a direction that the same shall be served, together
Poynter v. Bate,
Salaman v. Cullen,
Grubb v. M'Kenna, Kough v. Power. with a notice annexed, signed by or on behalf of
Cahill v. Rait, the plaintiffs attorney, with the place of his regis.
Motion to set aside verdict, tered lodgings, specified in the terms, or to the effect
Jack, Lessee Talbot v. Guilmartin, following:
Lindsay v. Geraghty, “ All persons served with this order are to take
Wheeler v. Powell, notice that the same is an absolute order of the
Jack, Lessee Walsh v. M.Evoy, Court, and that if they have any objection to
Ruck v. Brownrigg. make thereto, which may entitle them to insist
Horan, Lessee Ferriter v. Littleton,
Doe, Lessee Fetherston v. Boughan, that it should be discharged, varied or limited, such objection can only be made within the
Bill of erceptions. time therein specified by a special application
Administrator Fitzgerald v. Anderson,
Lessee Corporation of Drogheda v. Holmes, to the Court, or one of the Barons thereof for
Lessee Gunning v. Corr. that purpose."
Motion to set aside norsuit. And such order shall direct that the said renewal
Morton v. Administratrix Mahon, shall not be executed for three weeks after the service of the Order, and the above notice. And the proper officer, who shall sign the said renewal, shall
(Continued from p. 200.) retain the same in his possession, to be handed by
99. That for the purpose of transmitting any such recogui. him to the plaintiff's attorney, upon the filing of an zance through the post, the clerk or one of the clerks assistant affidavit of the service of such order and notice, and of the House of Commons, or some other person appointed the expiration of the time in such order mentioned. by the Speaker for that purpose, shall carry such recogni
. By the Court. zance under a cover directed to the Lord Chief Baron op de
of the barons of the Court of Exchequer in Ireland, or to
one of the judges of the court of session discharging for the Chancery.
time the powers and duties of the Court of Exchequer in LIST OF CAUSES STANDING FROM EASTER TERM.
Scotland, as the case may require, to the General Post Office Hamilton v. Hamilton, pl. & pfs. bill & ans. ord. pro con.
in London, and there deliver the same to the postmastr Dumoncel v. Dumoncel, pleadings and proofs.
general for the time being, or to such other person as the Byrne v. Carew, pleadings and proofs, ord. pro. con.
said postmaster general shall depute to receive the same (and
which deputation such postmaster general is required to Kirkwood v Lloyd, report, exceptions and merits. Farrell v. Fleming, pleadings and proofs.
make,) who op receipt thereof shall give an acknowledgmeat Jacob v. Taylor, ditto ditto.
in writing of such receipt to the person from whom the same Twycross v. Moore, ditto ditto.
is received, and shall keep a duplicate of such acknowledg. Simpson v. Synge, ditto ditto, ord. pro con.
ment, signed by the parties respectively to whom the same Smith v. Robinson, pl. & pfs., bill & ans. ord. pro con.
is so delivered ; and the said postmaster general shall des. Newport v. Scott, report, exceptions and merits.
patch all such recognizances by the first post or mail after Woodroofe v. Grace, pleadings and proofs, ord. pro con.
the receipt thereof to the person to whom the same is å Alston v. Alcock, pleadings and proofs.
rected, accompanied with proper directions to the postmaster Hillhouse v. Tyndal, ditto ditto.
or deputy postmaster of the town or place to which the O'Grady v. Barry, ditto ditto.
same is directed, requiring such postmaster or deputy post. Rubie v. English, pleadings and proofs, ord. pro con.
master forthwith to carry such recognizance, and to deliver White y. White, pleadings and proofs for dismiss.
the same to the person to whom the same is directed, who Carberry v. Cox, report, exceptions and merits.
(or some officer appointed by the court for that purpose,) Molloy v. French, report and merits.
is hereby required to give to such postmaster or deputy postBalfe v. Colgan, pleadings and proofs.
master a memorandum in writing under his hand, acknow: Bayly v. O'Connor, ditto ditto.
ledging the receipt of every such recognizance, and setting Hayden v. Hearne, pleadings and proofs, ord. pro con.
forth the day and hour the same was delivered by sach postWhite v. White, pleadings and proofs.
master or deputy postmaster, which memorandum shall also Gartland v. M'Alister, ditto.
be signed by such postmaster or deputy postmaster, and by Murray v. Murray, pleadings and proofs, order pro con.
him transmitted by the tirst or second post afterwards to Gordon v. Mahoney, pleadings and proofs.
the said postmaster general, or his deputy, at the General Rowland v. M'Donnell, pleadings and proofs, ord. pro con.
Post Office in London. Hatchell v. O'Reilly, pleadings and proofs.
100. That all monies which shall be received or recovered Maturin v. Wilson, ditto ditto.
by reason or in pursuance of the estreating of any such re Anderson v. Walker, ditto ditto.
cognizance shall, after deducting all expenses incurred in Onge v. Jones, Re-hearing.
respect thereof, be forthwith paid by the proper officer for Lindsay v. Spotiswood, report, exceptions and merits. that purpose into the bank of England, to the account of the Dimsdale v. Hemming, pleadings and proofs.
Speaker and of the examiner of recognizances
, and shall be applied by them, in manner herein-after mentioned, in satis
. faction, so far as the same will extend, of the costs and Queen's Bench.
expenses intended to be secured by such recognizance. Paper for Trinity Term pot made up. No causes standing 101. That any person who has entered into any such te from last Term.
cognizance may, before the same has been estreated, på
the sum of money for which he is bound by such recognizance 108. That in construing this act words importing the into the bank of England, to the account of the Speaker and singular number only shall include the plural number, and the examiner of recognizances; and upon production to the words importing the plural number only shall include the examiner of recognizances of a bank receipt or certificate singular, unless there be something in the subject or the for the sum so paid in, he shall endorse on the recognizance context repugnant to such construction; and the words in respect of which such money has been so paid in a memo “ oath" and " affidavit” respectively shall mean affirmation randum of such payment, and thereupon such recognizance in the case of Quakers, or any declaration lawfully substituted shall, so far as regards the person by or on whose behalf for an oath in the case of persons allowed by law to make a such money has been so paid, be deemed to be vacated, and declaration instead of taking an oath. shall not afterwards be estreated, but such recognizance 109. That this act may be amended or repealed by any shall continue to be in force as regards any other person who act to be passed in this session of parliament. has entered into the same. 102. That in every case in which any money is paid into
SCHEDULE the bank of England to the account of the Speaker and the
Be it remembered, that on the
in the examiner of recognizances, a bank receipt or certificate of year of our Lord 184 , before me A.B. Esquire (examiner the amount so paid in shall be delivered to the examiner of of recognizances for the House of Commons, or one of Her recognizances by the person paying in the same, and such Majesty's justices of the peace for the of ;] money shall, and in such order of payment as the examiner
and acknowledged himself (or severally acknowof recognizances with the approbation of the Speaker, thinks ledged themselves) to owe to our Sovereign Lady the Queen fit, be applied in satisfaction of all the costs and expenses the sum of £1000 (or the following sums, (that is to say,) for securing payment of which such investment was made,
the said the sum of the said the sum of or so much. thereof as can be thereby satisfied, and there
the said the sum of and the said after the residue (if any) shall be paid to or transferred to
the sum of ,] to be levied on his for their respective] the account of the party by whom or on whose account the goods and chattels, lands and tenements, to the use of our same was paid in
said Sovereign Lady the Queen, her heirs and successors. 103. That if any sheriff or other returning officer shall the names of all the petitioners, and, if mure than one, add,
The condition of this recognizance is, that if [here insert wilfully delay, neglect, or refuse duly to return any person who ought to be returned to serve in parliament for any
or any of them] shall well and truly pay all costs and expencounty,
city, borough, district of burghs, port, or place within ses in respect of the election petition signed by him (or them] Great Britain or Ireland, such person may, in case it have relating to them [here insert the name of the borough, city, beea determined by a select committee appointed in the man
or county, which shall become payable by the said petitioner ner herein-before directed that such person was entitled to [or petitioners] under the elections petitions act, *1848, to have been returned, sue the sheriff or other officer having so any, witness summoned in his [or their, behalf, or to the wilfully delayed, neglected, or refused duly to make such sitting member, or other party complained of in the said return at his election, in any of Her Majesty's courts of petition, or to any party who may be admitted to defend record at Westminster or Dublin, or in the court of session the same as provided by the said act, then this recognizance in Scotland, and shall recover double the damages he has to be void, otherwise to be of full force and effect. sustained by reason thereof, together with full costs of suit;
Cap. XCIX. provided such action be commenced within one year after an act to further extend the provisions of the act for the the commission of the act on which it is grounded, or within inclosure and improvement of commons. six months after the conclusion of any proceedings in the
[4th September, 1848.] House of Commons relating to such election.
CAP. C. 104. That this act shall commence and take effect from ' An act to permit the distillation of spirits from sugar, mothe end of this session of parliament.
lasses, and treacle in the United Kingdom. 105. That if at the close of the present session of parlia
[4th September, 1848.] ment there be any election petitions before the house, the order for taking which into consideration has not been dis- An act to provide for the expenses of erecting and maintain
CAP. CI. charged, and for trying which no committees have been appointed, such election petitions shall, in case the sureties
ing lock-up houses on the borders of counties. relating thereto have been reported unobjectionable, be tried
[4th September, 1848.] by committees to be chosen under the provisions of this act,
CAP. CII. and shall be referred to the general committee of elections An act to enlarge the powers of an act empowering the before any petition presented in the next session; and the commissioners of her Majesty's woods to form a royal general committee shall, within two days after their first park in Battersea Fields ; to facilitate the raising of momeeting, appoint a day and hour for selecting a committee
nies authorized to be raised by the said commissioners for to try every such petition ; and if the present parliament be metropolitan improvements; and to regulate and simplify prorogued after the appointment of a select committee for the mode of keeping the accounts of the commissioners of the trial of any such petition as aforesaid, and before they her Majesty's woods.
[4th September, 1848.] have reported to the house their determination thereon, such
CAP. CIII. committee shall not be dissolved by such prorogation, but An act to authorize the application of a sum of money out of shall be adjourned in manner herein-before provided in the the forfeited and unclaimed army prize fund in purchasing case in which parliament is prorogued after the appointment the site of the royal military asylum, and in improving of a select committee for the trial of an election petition, such asylum.
[4th September, 1848.] and before they have reported to the house their determina
CAP. CIV. tion thereon; and in the case of all such petitions as afore- An act for amending the act for regulating the prison at said, all such further proceedings shall be had with reference
Millbank. thereto as if this act had been in force when such petitions
[4th September, 1848.] were presented; and the recognizances entered into in rese
CAP. CV. pect of such petitions shall be taken to be and remain in force, An act to prohibit the importation of sheep; cattle, or other and shall take effect for securing payment of all costs and animals, for the purpose of preventing the introduction of expenses which the petitioners shall be liable to pay, as if contagious or infectious disorders. [4th Septem. 1848.] the same had been entered into under the provisions of this Sec. I. Power to prohibit, by order in council, the importaact.
tion of sheep, cattle, &c., in order to prevent con106. That no recognizance entered into, or affidavit sworn,
tagion. under the provisions of this act, shall require to be impressed 2. Power to make, by order in council, regulations for with any stamp.
subjecting sheep, fc. to quarantine. 107. That in citing this act it shall be sufficient in all cases 3. Catile, &c. imported contrary to provisions of orders to use the expression " the election petitions act, 1848."
in council to be forfeited. Penalty on importing, fc,
4. Orders in council may be revoked in whole or in part mitted by post, or in such other manner as they shall think from time to time.
fit, to the proprietor or proprietors, as in the said act men. 5. Orders in council to be published in the London Ga- tioned, of the lands which shall be the subject of such award; zette.
and the said commissioners shall execute a copy or duplicate 6. Aet may be amended, gc.
of every such award as and for a memorial thereof for the Whereas, in order to prevent the introduction of conta- purposes of registry, and forthwith cause such award to be gious or infectious disorders among sheep, cattle, horses, registered in the office for the registry of deeds in the city and other animals,' be it enacted, that her Majesty, by of Dublin ; and the registrar of the said registry office, his order in council, may prohibit the importation into the United deputies and assistants, and other officers, shall and he and Kingdom, of cattle, sheep, horses, or other animals
, either they are hereby required to register every such award in the generally or from any place named in such order, for such same manner as any deed or instrument is registered in the period as she may deem to be necessary, for the purpose of said office, and to tile, retain, and enter such duplicate or preventing the introduction of any infectious or contagious memorial in the abstract books and indexes of or relating to disorder among the sheep, cattle, horses, or other animals deeds and memorials registered and kept in the said ofice; in this country.
and no fees whatsoever shall be payable for or in respect to 2. That her Majesty, by order in council, may make such such registration, anything in any former act to the contrary regulations for subjecting sheep, cattle, horses, or other notwithstanding. animals to quarantine, or for causing the same to be destroyed
2. That the lands specified in every such award shall, upon their arrival in this country, or for destroying any hay, from and after the registry thereof, become charged with straw, fodder, or other article whereby it appears to her that the amount mentioned in such award, with interest thereon infection or contagion may be conveyed, to make such regu- at the rate of £3 108. per centum per annum, such interest lations with respect to the importation of sheep, cattle, horses, to be calculated from the 10th of October 1847, and to be or other animals, as may be necessary to prevent the intro- payable by half-yearly instalments on the days and times a duction of any contagious or infectious disorder.
such award mentioned ; and such amount and interest skal 3. That if any cattle, sheep, horses, or other animals be have priority over all charges affecting the same lands; and imported or attempted to be imported contrary to any order every such award in respect of the lands therein specified in council made in pursuance of this act, the same shall be shall be binding upon all persons having any estate or interes forfeited in like manner as goods prohibited to be imported in such lands, or lien or incumbrance thereon; and every by any act relating to the customs; and all persons import- such award shall be conclusive evidence that all requisites ing or introducing or attempting to import the same shall be by the said last-mentioned act and this aet have been fully liable to such penalties as are imposed on persons importing complied with; and it shall not be lawful for any person to or attempting to import goods prohibited by acts relating to question the validity of such award of the said cominissioner the customs.
of public works in respect of anything whatsoever done or 4. That her Majesty, by any order in council, may revoke omitted to be done, or for any other reason whatsoever. the whole or any part of any order issued by her Majesty in
3. That no such award or memorial thereof shall be liable council under this act; and that from and after a day to be to any stamp duty whatever. named in such order or orders of revocation, such order or
4. That the proprietor for the time being of the lands orders issued under this act, or such part as shall be spe- specified in any such award, at any time within the period cified in such order or orders of revocation, shall cease and fixed by such award for repayment, may pay off in one sum determine.
the amount of principal and interest charged upon the said 5. That every order in council issued under this act shall, lands, and which may then be due and payable thereout, within fourteen days after the issuing, be twice published
5. That upon payment of the sum mentioned in such award, in the London Gazette ; and that a copy of every order or or such portion thereof as may from time to time be due on orders in council issued under the authority of this act shall foot thereof, together with the interest due thereon, and be laid before both houses of Parliament within six weeks also upon payment of all costs, charges, and expenses (if after issuing the same, if Parliament be then sitting, and if any) incurred in proceeding to recover the same or in relia not, then within six weeks after the commencement of the tion thereto, the paymaster of civil services in Ireland for then next session of Parliament.
the time being shall execute a release of the lands so charged 6. That this act may be amended or repealed by any act as aforesaid, at the cost and expense of the party to whom to be passed in the present session of Parliament.
such release shall be granted.
6. That this act may be amended or repealed by any act CAP. CVI. An act to amend an act of the tenth year of her present-Ma- to be passed in this present session of parliament. jesty, for rendering valid certain proceedings for the re
CAP. CVII. lief of distress in Ireland by employment of the labouring An act to prevent, until the 1st of September 1850, and to poor, and to indemnify those who have acted in such pro
the end of the then session of parliament, the spreading . ceedings.
[4th September, 1848.]
, Sec. I. Copy of any award made by commissioners of public
and other animals.
[4th Sep., 1848.] works to be sent to persons affected by same. Sec. 1. Infected sheep exposed for sale may be seized and Award to be registered.
destroyed, together with pens, hurdles, fc. Per 2. Lands mentioned in the award to become chargeable,
nalty on parties exposing cattle for sale, knowing and award to be conclusive.
them to be diseased. 3. Award free of stump duty.
2. Penalty on persons depasturing diseased sheep, s'e. 4. Principal, &c. may be paid off within period fixed
3. Penalty on persons exposing for sale meat uaft for for repayment.
human food. 5. Upon payment of amount due lands to be released. 4. Privy Council may make Regulations as to removal 6. Act may be amended, gc.
of Sheep, gc; as to purifying Yards, Stables, • Whereas by an act passed in the 10 & 11 Vict. c. 10,
&c., and disposal of Animals dying in an infected *$. 3, intituled, An act to render valid certain proceedings
state ; and as to giving Notice of Appearance of for the relief of distress in Ireland by employment of the
Disease, &c. Penalty for offending against the labouring poor, and to indemnify those who have acted in • such proceedings, it is amongst other things enacted, and
5. Orders, fc. lo be published in Gazette, and in • it is advisable that the said act should be amended in that
Country Newspapers ; * and other respects;' be it enacted, that in all cases in which
6. And to be laid before Parliament. the said commissioners of public works in Ireland shall make
7. Penalty for obstructing Persons in the Execution of
this Act. or have already made any award under the said act of the tenth year of Her Majesty's reign, the commissioners of
8. Penalties to be symmarily recovered before two
Justices. public works shall cause a copy of such award to be trans
9. Penalties to be levied by Distress.
10. In default of Distress, Justicer may commit the hides, horns, hoofs, or other parts of any animals, or of Offender to Prison.
hay, straw, fodder, or other articles likely to propagate 11. Distress, how to be levied.
infection ; and also for the purpose of purifying any yard, 12. Distress not unlawful for want of Form.
stable, outhouse, or other place, or any waggons, carts, 13. Application of Penalties. Convictions to be re. carriages, or other vehicles; and also for the purpose of
turned to Quarter Sessions under 3 G. 4, C. 46. directing how any animals dying in a diseased state, or any 14. Penalties to be sued for within two Months after animals, parts of animals, or other things seized under the Commission of Offence.
provisions of this act, are to be disposed of ; and also for 15. Penalty or Witnesses making default.
the purpose of causing notices to be given of the appearance 16. Proceedings not to quashed for want of Form, nor of any disorder among sheep, cattle, or other animals, and to removed by Certiorari.
make any other orders or regulations for the purpose of give' 17. Parties aggrieved may appeal to Quarter Sessions, ing effect to this act, and again to revoke, alter, or vary on giving Security.
any such orders or regulations; and all provisions for any 18. Court may make such Order as they think reasonable. of the purposes aforesaid in an, such order or orders con19. If suit brought on account of seizure, and the judge tained shall have the like force and effect as if the same had
shall certify that there was probable cause, plain- been inserted in this act; and all persons offending against tiff to have 2d. damages, and defendant fined not the same shall for each and every offence forfeit and pay more than 1s.
any sum not exceeding £20, or such smaller sum as the said 20. Act to continue in force for two years.
lords or others of Her Majesty's privy council may in any 21. Act not to offect the rights, &c. of the city of Lon case by such order direct. don
5. That all orders and regulations made under this act 22. Act may be amended, gc.
shall, within fourteen days after the issuing thereof, be twice "Whereas a contagious or infectious disorder, known or published in the London Gazette ; and in case such orders described as the sheep pox or variola ovina, now prevails or regulations apply to any particular places or districts,
among the sheep in some parts of the United Kingdom, then the same shall also be twice published, within fourteen and it is necessary to take measures to prevent such disorder days as aforesaid, in some newspaper or newspapers circulat* from spreading :' be it enacted, that in case any sheep or ing in the county or counties within which each of such lambs infected with the said disorder, or any disorder of the places or districts, or any part or parts thereof respectively, like nature, be exposed for sale, or be brought for the purpose is or are situated. of being so exposed for sale, in any market, fair, or other
6. That a copy of every such order or orders shall be open or public place where other animals are commonly ex- laid before both houses of parliament within six weeks after posed for sale, then and in any such case any clerk or inspector issuing the same, if parliament be then sitting, and if parliaor other officer of such fair or market, or for any constable ment be not then sitting, then within six weeks after the or policeman, or any other person authorized by the mayor, commencement of the then next session of parliament. or by any two justices of the peace having jurisdiction in 7. That in case any person wilfully obstruct or impede the place, or any person authorized or appointed by Her any person acting under the authority of this act, or of any Majesty in council, may seize the same, and to report such order or regulation made in pursuance of this act, every seizure to the mayor or any justice of the peace having juris- person so offending, and all others aiding and assisting diction in the place; and such mayor or justice either to therein, shall and may be seized and detained by such perrestore the same, or to cause the same, together with any
son so acting under this act, or any person or persons he peus, hurdles, troughs, litter, hay, straw, or other articles may call to his assistance, until such offender or offenders which he may judge likely to have been infected thereby, can be conveniently taken before some justice of the peace to be destroyed or otherwise disposed of as he shall deem having jurisdiction in the county or place wherein such ofproper, or as he may be directed in manner herein-after fence shall be committed, and when convicted before such provided; and any person bringing or attempting to bring justice (who is hereby authorized and required, upon comany sheep, lambs, oxen, bulls, cows, calves, or other horned plaint to him upon oath, to take cognizance thereof, and to cattle, into any such market, fair, or open or public place act summarily in the premises,) shall, in the discretion of as aforesaid, knowing such sheep, lambs, or cattle to be such justice, forfeit any sum not exceeding £5, and in deinfected with or labouring under either of such disorders as
fault of payment thereof shall and may be imprisoned for any aforesaid, shall, upon conviction thereof, forfeit and pay
term not exceeding two calender months, unless the amount for each and every such offence a'sum not exceeding £20, of the penalty shall have been sooner discharged. 2. That if any person turn out, keep, or depasture any
8. That every penalty or forfeiture imposed by this act sheep or lambs infected with or labouring under the said may be recovered by summary proceeding before two justi. disorder in or upon any forest, chase, wood, moor, marsh, es ; and upon the exhibition of any information in writing heath, common, waste land, open field, road side, or other before any justice such justice shall issue a summons requir. undivided or uninclosed land, such person shall, on convic-ing the party complained against to appear before two justition thereof, forfeit any sum not exceeding £20.
ces, at a time and place to be named in such summons3. * And whereas it is expedient for the preservation of and every such summons shall be served on the party offend; "the public health to make provision for preventing the sale ing, either in person or by leaving the same with some inmate, of any meat unfit for human food :' be it enacted, that if at his last or usual place of abode ; and upon the appearance any meat unfit for human food be exposed or offered for of the party complained against, or in his absence, after sale in any market, fair, or other open or public place, such proof of the service of such summons, any two justices hav. clerks, inspectors, constables, policemen, or other persons ing jurisdiction may proceed to the hearing of the complaint; authorized as aforesaid may seize the same, and report such and upon proof of the offence, either by the confession of seizure to such mayor or justice as aforesaid ; and such the party complained against or upon the oath of one credible mayor or justice may either order the same to be restored,
witness or more, such justices may convict the offender, or to be destroyed or otherwise disposed of as aforesaid; and upon such conviction to adjudge the offender to pay such and any person publicly exposing or offering such meat for penalty as may seem fit, and not greater than the penalty or sale shall, upon conviction, forfeit and pay for each and forfeiture specified in this act, as well as such costs attendevery such offence a sum not exceeding £20.
ing the conviction as such justices shall think fit. 4. And for effectually preventing the spreading of conta
9. That if forthwith upon any such adjudication as aforegious or infectious disease, be it enacted, that the lords of said the amount of the penalty or forfeiture, and of such Her Majesty's privy council, or any two or more of them,
costs as aforesaid, be not paid, the amount of such penalty from time to time may make such orders and regulations as
and costs shall be levied by distress, and such justices, or to them may seem necessary for the purpose of prohibiting either of them, or any other justice having jurisdiction as or regulating the removal, to or from such parts or places aforesaid, shall issue their or his warrant of distress accord. as they may designate in such order or orders, of sheep, ingly. eattle, horses, swine, or other animals, or of meat, skins,
10. That such justice may order any offender so convicted
as aforesaid to be detained and kept in safe custody until county or place in which the cause of appeal shall have arisen
, return can be conveniently made to the warrant of distress but no such appeal shall be entertained unless it be made to be issued for levying such penalty or forfeiture and costs, within four months next after the making of such determi
. unless the offender give sufficient security, by way of recog- nation or adjudication, nor unless ten days notice in writ. nizance or otherwise, to the satisfaction of the justice, for ing of such appeal, stating the nature and grounds thereof, be his appearance before him on the day appointed for such given to the party against whom the appeal shall be brought
, return, such day being not more than eight days from the nor unless the appellant forthwith after such notice enter time of taking such security; but if before issuing such into recognizances, with two sufficient sureties, before a warrant of distress it shall appear to the justice, by the justice, conditioned duly to prosecute such appeal, and to admission of the offender or otherwise, that no sufficient abide the order of the court thereon. distress can be had within the jurisdiction of such justice whereon to levy such penalty or forfeiture and costs, he
(To be continued.) may, if he think fit, refrain from issuing such warrant of distress; and in such case, or if such warrant shall have
CHANCERY. been issued, and upon the return thereof such insufficiency Robert Keating, Esq., Plaintiff, as aforesaid shall be made to appear to the justice, then such Richard Garde, Elizabeth Garde,
PURSUANT to the Decree justice shall by warrant cause such offender to be committed
Widow Gustavus Hamilton,
made in this cause, bearing date Henry Pigott, and others.
the 2nd day of March, 1889, 1 hereby to gaol, there to remain without bail for any term not ex
Defendants. J require all persons having Charge et
Incumbrances affecting the Land und ceeding three months, unless such penalty or forfeiture and Premises in the pleadings in this cause mentioned, to come in before me costs be sooner paid and satisfied.
on or before Thursday the 21st day of June next, and prove their de
mands, otherwise they will be precluded the benefit of said decree. 11. That where in this act act any sum of money, whe
Dated this 27th day of April, 1819. ther in the nature of penalty or otherwise, is directed to be
E. LITTON, levied by distress, such sum of money shall be levied by
LUKE DUFF, Solicitor for Plaintiff, 26, Grenville Street, Dublin. distress and sale of the goods and chattels of the party liable to pay the same; and the overplus arising from the sale of such goods and chattels, after satisfying such sum of money, Robert Magee and others,
IN CHANCERY. and the expenses of the distress and sale, shall be returned,
in this cause, bearing date repac. on demand, to the party whose goods shall have been dis. John Miller and others, trained
tively the 3rd day of July, 181, and
Defendants. > 20th day of April 1849, 1 hereby repelne 12. That no distress levied by virtue of this act shall be Same, Plaintifs.
all persons having Charges and Incasse
brances affecting the Estates of the De deemed unlawful, nor shall any party making the same beJames Scott Molloy,
fendant John Miller, situate in the
Defendant.Town of Belfast, in the County a At deemed a trespasser, on account of any defect or want of
triin, in the Pleadings in this Cause form in the summons, conviction, warrant of distress, or
mentioned, to come in before me, at my Chambers on the Inns Quay, in other proceedings relating thereto, nor shall such party be
City of Dublin, on or before Friday, the Ist day of June next, and
prove the same, otherwise they will be precluded the benefit of the main deemed a trespasser ab initio on account of any irregularity Decree. afterwards committed by him, but all persons aggrieved by Dated this Ist day of May, 1849.
E LITTON such defect or irregularity may recover full satisfaction for W. S, ANDREWS, Solicitor for Plaintiffs, No. 35, North Cumberland the special damage in an action upon the case.
Street, Dublin, and Castle Chambers, Belfast. 13. That all penalties and forfeitures recovered under this
12mo. price 28. 6d.-by Post, 36. act shall be applied as follows: one half thereof shall be paid to the person who shall sue or proceed for the same, and A TREATISE ON THE LAW OF INTERPLEADER, the other half to Her Majesty's use, and shall be paid to the with an Appendix, containing the Act 9 & 10 Vic. c. 64, with Forms of sheriffs of the county, city, or town where the same shall Affidavits, Rules, Orders, and the Record on a Feigned Iskue. By Joax have been imposed, and shall have been duly accounted for
BLACKHAM, Esq., Barrister-at-Law.
EDWARD J. MILLIKEN, 15, COLLEGE GREEN. by him; and that all convictions before justices, and all fines, forfeitures, or penalties imposed in consequence of such convictions, shall be returned to the court of Quarter JAMES O'DRIS COLL, Sessions, under the provisions of the 3 Geo, 4 c. 46.
PROFESSED TROWSERS MAKER, 14. That no person shall be liable to the payment of any
9, ANGLESEA.STREET. penalty or forfeiture imposed by virtue of this act for any offence made cognizable before a justice, unless the complaint respecting such offence shall have been made before IRISH MANUFACTURE INDIAN RUBBER BLACK. such justice within two months next after the commission
ING, Manufactured by RICHARD KELLY, Boot Maker, 16, COL.
LEGE.GREEN, Dublin, of such offence.
It makes the Leather soft, pliant, and even Waterproof, sold by the 15. That any justice may summon any person to appear
Bootmakers and Grocers through the City, in Bottles at 4d. 8d. and la.each,
N.B.--Country Shopkeepers treated with or the most Liberal Termi, before him as a witness in any matter in which such justice
Portobello March Sls. shall have jurisdiction under this act, at a time and place
Sir, mentioned in such summons, and to administer to him an
" I have examined your Indian Rubber Blacking, and find it made al
those materials which are most proper for such a composition. It has gone oath to testify the truth; and if any person so summoned advantages in use not possessed by similar articles of manufacture; itu shall without reasonable excuse refuse or neglect to appear susceptible of a very high polish, it does not soil, and its perinanent elle at the time and place appointed for that purpose, having
on the leather is of a beneficial character,
* THOMAS ANTISELL, been paid or tendered a reasonable sum for his expenses, or
Mr. Kelly, College-green.
Lecturer on Chernistry." if any person appearing shall refuse to be examined on oath, or to give evidence before such justice, every such person All communications for the IRISH JURIST are to be left, addressed shall forfeit a sum not exceeding £5 for every such offence.
to the Editor, with the Publisher, E. J MILLIKEN, IS, COLLEGE
GREEN. Correspondents will please give the Name and Addres, as the 16. That no warrant of commitment consequent upon any columns of the paper cannot be occupied with answers to Amusets conviction under this act shall be held void by reason of any
Communications nor will the Editor be accountable for the return
Manuscripts, &c. defect in such warrant, provided it be therein alleged that the party has been convicted, and there be a good and valid Orders for the IRISH JURIST left with E. J. MILLIKEN, 16, COL. conviction to sustain the same; nor shall any conviction,
LEGE GREEN, or by letter (post.paid), will ensure its punctual delivery
in Dublin, or its being forwarded to the Country, by Post, on the day of order, or other proceeding in pursuance of this act be publication. quashed or vacated for want of form, nor shall the same be TERMS OF SUBSCRIPTION-(payable in advance): removed by certiorari or otherwise into any of the superior Yearly, 30s. Half-yearly, 178 Quarterly, S. courts,
17. That if any person shall think himself aggrieved by any determination or adjudication of any justice with res- FLEET STREET, in the Parish of St. Andrew, and published to
Printed by THOMAS ISAAC WHITE, at his Printing Office, No. 45 pect to any penalty or forfeiture under the provisions of this COLLEGE OREEN, in same Parish, by EDWARD JOHNSTON act, he may appeal to the general Quarter Sessions for the City of Dublin. Saturday, May 19, 1949.
MILLIKEN, residing at the same place, all being in the County of the